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HomeMy WebLinkAboutContract 41978 (2)CITY SECRETARY � \ q,� CONTRACT NO,, STATE OF TEXAS KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS BETWEEN THE CITY OF FORT WORTH AND GREYHOUND ADOPTION LEAGUE OF TEXAS, INC. THIS AGREEMENT is entered into by and between the City of Fort Worth ("City"), a home -rule municipality in the State of Texas, acting by and through Charles Daniels, its duly authorized Assistant City Manager, and Greyhound Adoption League of Texas, Inc. ("GALT"), a Texas Nonprofit Corporation acting by and through Susie McQuade, its duly authorized Director. WHEREAS, the City impounded four (4) greyhound canines on June 30, 2011 pursuant to Section 6-43(a) of the Code of Ordinances of the City of Fort Worth, Texas (Code) pending the investigation and outcome of violations related to failure to provide proper care for animals as mandated by Section 6-65 of the Code; WHEREAS, Greyhounds have special requirements for their optimal care; WHEREAS, GALT has the particular facilities and capabilities to meet these special requirements and render optimal care for these greyhounds under the present circumstances; WHEREAS, the City and GALT wish to establish an arrangement for the temporary possession and care of the three greyhounds pending the resolution of the investigation and outcome of the alleged violations; NOW, WHEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: The City shall temporarily release the four greyhounds to GALT at a time chosen by the City and shall allow GALT the temporary possession of the four greyhounds pending resolution of the investigation and outcome of the alleged violations or until such time as the City requests return of the greyhounds. The City shall take reasonable measures to keepaT the canines within the actual knowledge of thel legal requirements. Mitt ggrf SECRETARY e health status of subject to relevant CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS Page 1 of 3 City of Fort Worth and Greyhound Adoption League of Texas, Inc. The City shall retake permanent custody upon request of GALT subject to reasonable notice or anytime GALT informs them they can no longer provide the level of care required to maintain the canine's health and safety. The City shall provide GALT as much notice as possible of any relevant directives from the court related to the greyhounds. GALT agrees without limitation to the following conditions: 1. GALT shall take temporary custody of the four greyhounds and provide veterinary medical care and provide for the daily food, shelter, and other physical needs of the greyhounds. No ownership interest in the greyhounds shall transfer to GALT, other than as explicitly described herein. 2. During this temporary period of possession GALT shall not permit or suffer any lien or encumbrance or ownership interest upon the dogs or take any other action inconsistent with the City's right of ownership, custody and control of the greyhounds. GALT shall comply with all applicable laws related to possession of the dogs. 3. GALT shall return the greyhounds to possession of the City as soon as practicable upon reasonable notice by the City and at the sole discretion of the City. In the event of any disagreement between the City and GALT as to rights or possession of the dogs, GALT shall return the dogs pending the outcome of any negotiations or legal action. 4. GALT shall provide the City with the name, address, and phone number(s) of each custodian of each greyhound prior to assuming custody of the animals. GALT shall also provide the name and phone number of any attending veterinarian. 5. GALT shall pay all expenses of all medical care, food shelter, and transportation for the dogs including the cost of any return to the City. 6. GALT agrees to comply with all orders of the court and comply with the rights of the animals' owner and return the animals to the City including records of medical care and treatments The Remainder of This Page is Intentionally Left Blank CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS Page 2 of 3 City of Fort Worth and Greyhound Adoption League of Texas, Inc. SIGNATURE PAGE FOR CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS BETWEEN THE CITY OF FORT WORTH AND GREYHOUND ADOPTION LEAGUE OF TEXAS, INC. IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH BY: (/422/✓ Charles gels Assistant City Manager Dated: 07. D. /it GREYHOUND ADOPTION LEAGUE OF TEXAS, INC. ,4i(44,02BY: de,„„ APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney ATrFE y Hendrix City Secretary Susie McQuade Director WITNESS: atcalltayfair, hveti !Ric,* UO ISO d 301 b„ v‘i-lincsa.te-clarr CONTRACT FOR TEMPORARY POSSESSION OF ANIMALS City of Fort Worth and Greyhound Adoption League of Texas, Inc. NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3